Mississippi Landlord-Tenant Laws

A summary of Mississippi Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.

Security Deposit Limit

The state of Mississippi does not have a limit on security deposits.

Deadline for Returning Security Deposit

A landlord must return the security deposit within 45 days after the tenant has moved out.

Small Claims Lawsuits

Landlord-tenant disputes not exceeding $3,500 may be filed in Justice Court.

Late Fees

There is no state statute on collecting late fees. Therefore, it’s only permissible to do so if your lease agreement specifies when and how much.

Increasing Rent

A 30 day notice must be used for changing the amount of rent due on a month-to-month tenancy. Lease terms of a longer length must specify rent increases in order for them to be valid.

Tenant’s Right to Withhold Rent

Should a landlord neglect to make necessary repairs when notified of a problem that presents a health or safety hazard or affects the habitability of the property, the tenant has the right to take action by hiring a professional and deducting the cost from the next month’s rent. However, the landlord must be given a written notice allowing for 30 days to have the problem fixed first.

Termination and Eviction

An unconditional 14 day notice to quit may be served on a tenant repeating the same act within 6 months which constituted a lease violation and for which notice was given.

A 30 day unconditional notice to quit may be used for a nonremediable violation of lease or obligations imposed by statute, Miss. Code Ann. § 89-8-13.

All other lease violations require a 30 day notice to cure or quit before an eviction can be filed.

Domestic Violence

A court may grant exclusive possession to the petitioner of the residence.